DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
Claims 15-18 and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
MPEP 2161.01(I) states: “It is not enough that one skilled in the art could write a program to achieve the claimed function because the specification must explain how the inventor intends to achieve the claimed function to satisfy the written description requirement. See, e.g., Vasudevan Software, Inc. v. MicroStrategy, Inc., 782 F.3d 671, 681-683, 114 USPQ2d 1349, 1356, 1357 (Fed. Cir. 2015) (reversing and remanding the district court’s grant of summary judgment of invalidity for lack of adequate written description where there were genuine issues of material fact regarding "whether the specification show[ed] possession by the inventor of how accessing disparate databases is achieved"). If the specification does not provide a disclosure of the computer and algorithm in sufficient detail to demonstrate to one of ordinary skill in the art that the inventor possessed the invention a rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, for lack of written description must be made.” (emphasis added)
The functional claims relating to the “processor” are computer-implemented functional claims, which were respectively examined to determine whether the specification discloses the computer and algorithm that performs the claimed function in sufficient detail in accordance with MPEP 2161.01(I), i.e., controlling software that is only nominally disclosed does not comply with the written description requirement.
In the instant case, the Specification is entirely devoid of any algorithm, steps, procedure, or flowchart which would give light to the claimed functionality, and is likewise absent any substantial discussion of any algorithm. Therefore, “the algorithm or steps/procedure taken to perform the function are not described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the function to be performed” (MPEP 2161.01(I)).
Claim Rejections - 35 USC § 103
Claims 11-13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gripper Designs (see NPL of 12/27/2023 IDS), in view of Sasahara et al. (US 6,108,589).
Regarding the claims, Gripper Designs discloses the following:
11. (Original) An apparatus of a mechanism that converts rotary motion into linear motion, the apparatus comprising: at least an actuator configured to generate linear motion of a plurality of gripping components, wherein the at least an actuator comprises: a rotary component (“blue” rotary component visible at 2:27 in the NPL video, labeled by examiner in image), wherein the rotary component is configured to generate rotary motion about a rotational axis; one or more movable components (“red” movable components, attached between griping arms and rotary component), wherein the rotary motion of the rotary component leads to off-axis motion of the one or more movable components; and at least a connecting component (each of the coupling points between the rotary component, movable component, and grippers) comprising: a first connecting component, wherein the first connecting component is configured to: mechanically connect the rotary component and the one or more movable components; and transfer the rotary motion of the rotary component to the one or more movable component; and a second connecting component, wherein the second connecting component is configured to: mechanically connect the plurality of gripping components and the one or more movable components; and transfer the off-axis motion of the one or more movable components to the plurality of gripping components; the plurality of gripping components (“green” components, also shown in second screen shot, taken at timestamp 2:22), wherein the plurality of gripping components are L-shaped (second screen shot show the L-shaped gripping components which each have wedge-shaped supports) and configured to move linearly in opposite directions (i.e., as shown in the video, the green gripping components move linearly along the rail), wherein a grip enhancing component (i.e., shown as textured-pad attached to inner surface of gripping component, which is shown as grey color in the Youtube video) is attached to a gripping component of the plurality of gripping components (see second examiner-annotated figure below).
PNG
media_image1.png
718
1286
media_image1.png
Greyscale
PNG
media_image2.png
847
522
media_image2.png
Greyscale
While Gripper Designs discloses a grip enhancing component, as mapped above, the prior art does not explicitly teach that the grip enhancing component comprises a rubber coating. However, the use of rubber as a coating material to facilitate gripping was old and well-known in the art. Sasahara teaches gripping surfaces (100) which contact a workpiece (82) that are covered with rubber (102a, 102b) in order to prevent slipping. It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to use the old and well-known technology of a rubber coating as taught by Sasahara in combination with the structure of the prior art, for the expected advantage of preventing slipping.
Thereafter, the combination meets or suggests the remaining limitations of the claims as follows (mapping to Gripper Designs unless explicitly noted):
12. (Original) The apparatus of claim 11, wherein: the first connecting component is configured to movably connect the rotary component and a first end of the one or more movable components; and the second connecting component is configured to movably connect the plurality of gripping components and a second end of the one or more movable components (as shown in examiner-annotated figure, above).
13. (Original) The apparatus of claim 11, wherein the rotary component is configured to rotate about the rotational axis in a first direction, wherein the rotary motion of the rotary component in the first direction moves the plurality of gripping components into a closed configuration as a first gripping component gets pulled while, concurrently, a second gripping component gets pushed (described motion is shown in video).
19. (Previously Presented) The apparatus of claim 11, wherein the grip enhancing component (as combined) is configured to increase a coefficient of friction (e.g., rubber prevents slipping) between the plurality of gripping components and a gripping object.
20. (Original) The apparatus of claim 11, further comprising: a guiding component (e.g., housing or track that grippers move along, as shown in video), wherein the guiding component is configured to guide the plurality gripping components in linear motion.
Claim Rejections - 35 USC § 103
Claims 15-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Gripper Designs (see NPL of 12/27/2023 IDS) and Sasahara et al. (US 6,108,589), in view of Trujillo et al. (US 2012/0328402), as evidenced by Shelton, IV et al. (US 2019/0183503).
The YouTube video only shows the mechanical structure of the gripping mechanism, and is silent regarding the controlling operation of the mechanism.
Trujillo teaches a control module (12, 14) comprising a system on a chip, wherein the control module is configured to: receive a gripping force of the plurality of gripping components from at least a sensor (para. 101-103), wherein the at least a sensor detects the gripping force as a function of current drawn by a motor mechanically connected to the rotary component (para. 101-103), wherein the plurality gripping components comprises a gripping threshold (i.e., stall condition, and/or MIN/MAX values; para. 105-109), wherein each gripping component comprises a specific gripping threshold based on a thickness of a gripping object (the motor current at holding location corresponds to thickness; see evidence provided by Shelton, para. 274); and execute a control signal for the plurality of gripping components to hold a gripping object using the gripping force within the gripping threshold (para. 101-103, 107-109). It would have been obvious to one of ordinary skill in the art prior to the time of effective filing to use the control module as taught by Trujillo in combination with the structure of the YouTube video, in order to provide the known advantages of computerized control, to include increased speed, accuracy, or adaptability of the robotic control.
Thereafter, the combination meets or suggests the limitations of the remaining claims as follows (mapping to NPL unless otherwise noted):
15. (Currently Amended) The apparatus of claim 1, wherein the control module comprising a processor is further configured to: receive a first closed position of the plurality of gripping components in the closed configuration without holding the gripping object (Trujillo: para. 101) using the rotary motion of the rotary component from the at least a sensor (Trujillo: para. 103); and determine an open position of the plurality of gripping components in an open configuration as a function of the first closed position (Trujillo: paras. 82-84).
16. (Original) The apparatus of claim 15, wherein the control module is further configured to: receive a second closed position of the plurality of gripping components in the closed configuration holding the gripping object from the at least a sensor (Trujillo: para. 87); and estimate a thickness of the gripping object as a function of a difference between the first closed position and the second closed position (Trujillo: the motor current at holding location corresponds to thickness; see evidence provided by Shelton, para. 274).
Regarding claim 17, Trujillo teaches generating and storing stall signals in memory 29 (para. 48). The Examiner takes Official Notice that thickness, or the difference in thickness, is defined by the subtraction of position values along a single dimension (e.g., such as determining measurements with a ruler or calipers), and that simple subtraction was ubiquitous to the computer arts. As such, it was extremely well known in the art that control modules were capable of performing the limitations of claim 17, and that using a computer to perform the claimed operations provided the known advantage of allowing accurate thickness calculations.
18. (Original) The apparatus of claim 16, wherein the control module is further configured to determine a partially open position of the plurality of gripping components for a partially open configuration as a function of the second closed position (Trujillo: para. 82-87 allow for multiple gripper positions between closed/open maximum thresholds).
The limitations of claim 21 flow naturally from the explanations of the prior art above.
Response to Arguments
Applicant’s arguments with respect to the newly amended claim limitations have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to T. S. FIX whose telephone number is (571)272-8535. The examiner can normally be reached M-Th 10a-3p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on 5712707778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T. SCOTT FIX/Primary Examiner, Art Unit 3658
Prosecution Insights